Hong Kong Ordinances

MARRIAGE ORDINANCE - SECT 18A

District Judge may give consent

(Past version on 30/06/1997).

(1) If consent is required under section 14 from the relevant person or
persons specified in Schedule 3 with respect to a party to an intended
marriage, and- (Amended 23 of 2005 s. 45)

   (a)  in the case of such person or any of such persons being a guardian,
        there is no guardian or such guardian is dead;

   (b)  after diligent enquiry, the party is unable to trace such person or
        any of such persons;

   (c)  such person or any of such persons refuses to give consent;

   (d)  such person or any of such persons is of unsound mind; or

   (e)  such person or any of such persons has forbidden the issue of the
        certificate of the Registrar, a District Judge may, on application
        being made, consent to the marriage and the consent so given shall
        have the same effect as if it had been given by such person or any of
        such persons or as if the forbidding of the issue of the
        certificate of the Registrar had been withdrawn. (Replaced 80 of 1997
        s. 31. Amended 23 of 2005 s. 45)

(1A) For the avoidance of doubt, it is hereby declared that where consent is
required under section 14 from either parent of the party, subsection (1)
shall apply only if the party is unable to obtain such consent from both of
his parents. (Added 80 of 1997 s. 31)

(2) The power to make civil procedure rules under section 72 of the
District Court Ordinance ( Cap 336) shall extend to-

   (a)  prescribing the method of application for consent;

   (b)  prescribing the service of copies of the application and any ancillary
        documents, if any;

   (c)  prescribing the procedure to be followed at the hearing of the
        application including provision for the application to be heard in
        chambers; and

   (d)  authorizing the District Judge to call for and receive a report from
        an officer of the Social Welfare Department or other suitably
        qualified person before giving consent to a marriage under subsection
        (1).

(3) In this section-

"guardian" (監護人) includes-

   (a)  any person to whose custody the party is committed by order of the
        court, other than a parent; and

   (b)  all of the guardians, if more than one guardian is appointed to act
        jointly. (Added 80 of 1997 s. 31) (Added 32 of 1990 s. 17)

"guardian" (監護人)